Terms and Conditions of MLS Usage

This Agreement is entered into between Jonathan Folk Media (“Company or Artist”) and the hiring client (“Client”).

By engaging Company services, Client agrees to the following terms:

1. Ownership

All media created by Company, including but not limited to photographs, video, drone footage, floor plans, virtual tours, and derivative works (“Media”), remain the exclusive intellectual property of Company.

No copyright transfer occurs. Only a limited license is granted.

2. Grant of License

Company grants Client a limited, non-exclusive, non-transferable, non-sublicensable license to use the Media solely for marketing the specific real estate listing for which the Media was produced.

3. Authorized Users

Authorized users are strictly limited to:

Listing Realtor
Listing Brokerage
Co-Listing Agent
Homeowner (for listing marketing only)

No other party may use, access, distribute, or reproduce the Media without written consent.

4. Term

The license is valid only during the active MLS listing period.

Upon sale, expiration, cancellation, withdrawal, or relisting, all rights terminate 30 days automatically unless renewed in writing. Authorized users are not required to remove media from existing previously published platforms.

External reuse requires a new licensing agreement, which may include additional costs.

5. Permitted Modifications

Permitted modifications include:

Standard MLS resizing and cropping
Color and exposure correction
Virtual staging
Standard branding overlays

Any modification beyond conventional MLS marketing requires written consent.

Prohibited actions include:

AI-generated derivative content
Re-editing by third-party media companies
Alteration beyond MLS marketing context
Commercial reuse outside listing promotion

6. Prohibited Redistribution

Client shall not:

Provide Media to another photographer or videographer without consent
Redistribute Media to developers, builders, designers, contractors without consent
Submit Media to publications, awards, or magazines without consent
Use Media for commercial branding unrelated to the listing without consent

Separate commercial licensing applies for developers, commercial entities, or extended usage.

7. Payment & License Validity

Invoices are due Net 30.

Failure to pay may result in:

Immediate suspension of license
Removal demand
Compound Interest at 5% per month
Recovery of legal fees and collection costs

Unauthorized use constitutes copyright infringement.

8. Indemnification

Client agrees to indemnify, defend, and hold harmless Company against any claims, damages, liabilities, losses, or expenses (including attorney’s fees) arising from:

Unauthorized use
Breach of this Agreement
Third-party intellectual property claims
Privacy or publicity claims

9. Scheduling & Administrative Fees

The following fees apply:

$75 per service — Change/cancellation within 24 hours
$75 per service — Revisit fee due to client-related issues
$125 per service — On-site cancellation
Weather rescheduling (no fee if prior to 24 hours)

10. Credit

Where applicable and platform-permitting, credit shall read:

Photo/Video by Jonathan Folk Media

Editorial publications are required to provide credit where customary.

11. Breach

Violation of this Agreement may result in:

Immediate termination of license
Retroactive licensing fees
Legal action
Copyright enforcement